CHITTUMALLA BHAGYALAXMI Vs. JAFAR ALI

JUDGEMENT

(1.) Appellants herein are the claimants in O.P. No.759 of 1992 on the file of the Motor Accidents Claims Tribunal-cum-I Additional District Court, Karimnagar.

(2.) The appellants instituted a claim petition in O.P. No.759 of 1992 before the Tribunal under Section 166 of the Motor Vehicles Act claiming a compensation of Rs.2 lakhs for the death of Ch. Bhumaiah in a motor accident, which took place on 7.10.1991. The 1st appellant is the wife, appellants 2 to 4 are the minor children and appellants 5 and 6 are the parents of the deceased.

(3.) According to the appellants, the deceased Bhumaiah was working as head master in Upper Primary School, Peddapur village of Jammikunta Mandal and was drawing a salary of Rs.3,400/- per month. On 7.10.1991 at 6 P.M the deceased Bhumaiah was returning from Karimnager on his scooter along with one Guram Ram Ready as a pillion rider. It was dark night and there was slight drizzling. The deceased could not notice the stationed lorry bearing APJ 8600, which was parked on wrong side without taking any precautions, and hit the said lorry from behind, as a result he sustained serious injuries on his head. He was immediately shifted to Government Hospital, Karimnagar. From there, he was referred to Nizam Hospital at Hyderabad, where he underwent two operations on 8.10.1991 and 24.10.1991. He was discharged on 2.1.1991, but due to further complications he was immediately shifted to Nizam Hospital. On 26.12.1991 Bhumaiah died as a result of the injuries sustained by him in the accident that took place on7.10.1991.